departure from the equitable principle (New Jersey) · Go Syfert
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departure from the equitable principle in New Jersey

14 New Jersey opinions name it 2 courts 1990–2013 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Phelps Dodge Industries, Inc. v. Director, Division of Taxationgreen
njtaxct · 1986 · cited in 5 New Jersey opinions naming this issue, 2001–2013
2 sentences

2013The justification underlying this strict construction is that an “exemption from taxation is a departure from the equitable principle that everyone should bear his just and equal share of the public tax burden.” Phelps Dodge Indus., Inc. v. Dir., Div. of Taxation, 8 N.J.Tax 354, 358 (Tax 1986).

2004A third principle is that tax exemptions are “strictly construed because an exemption from taxation is a departure from the equitable principle that everyone should bear his just and equal share of the public tax burden.” Phelps Dodge Indus., Inc. v. Director, Div. of Taxation, 8 N.J.Tax 354, 358 (Tax 1986).

55
Morris Township v. LF Associatesgreen
njtaxct · 1988 · cited in 3 New Jersey opinions naming this issue, 1990–2010
2 sentences

2010In exemption cases, “exemptions are to be strictly construed because an exemption from taxation is a departure from the equitable principle that everyone should bear just and equal share of the public tax burden.” Morris Township v. LF Associates, 10 N.J.Tax 240, 248 (1988).

2002In Morris Tp. v. LF Associates, 10 N.J.Tax 240, 248 (Tax 1988), the Tax Court held that, The general rule in interpreting tax exemptions is that such exemptions are to be strictly construed because an exemption from taxation is a departure from the equitable principle that everyone should bear his just and equal share of the public tax burden.

23
St. Luke's Village, Inc. v. Peapack & Gladstone Boroughgreen
njtaxct · 1990 · cited in 2 New Jersey opinions naming this issue, 1996–2005
2 sentences

2005Luke’s Village Inc. v. Peapack & Gladstone Bor., 11 N.J.Tax 76, 80 (Tax 1990) (citing Princeton Univ.

1996Luke’s Village Inc. v. Peapack & Gladstone Bor., 11 N.J.Tax 76, 80 (Tax 1990) (citing Princeton Univ.

22
Millington Quarry, Inc. v. Taxation Division Directorgreen
njtaxct · 1983 · cited in 1 New Jersey opinions naming this issue, 2013–2013
1 sentence

2013The rule of strict construction “means that the exemption is not to be extended beyond the ascertainable legislative intention.” Millington Quarry, Inc. v. Dir., Div. of Taxation, 5 N.J.Tax 144, 148 (Tax 1983) (citing Deubel v. Kervick, 33 N.J. 568, 574 , 166 A.2d 561 (1960)).

11
Estell Manor City v. Sterngreen
njtaxct · 1995 · cited in 1 New Jersey opinions naming this issue, 2010–2010
1 sentence

2010“The burden of proof in a tax exemption case is always on the party claiming exemption.” Estell Manor City v. Stem, 14 N.J.Tax 394, 417 (1995).

11
Metpath, Inc. v. Director, Division of Taxationgreen
nj · 1984 · cited in 1 New Jersey opinions naming this issue, 2003–2003
2 sentences

2003Metpath, Inc. v. Director, Div. of Taxation, 96 N.J. 147, 152 , 474 A.2d 1065, 1067 (1984). “[A]n exemption from taxation is a departure from the equitable principle that everyone should bear his just and equal share of the public tax burden.

2003Metpath, Inc. v. Director, Div. of Taxation, 96 N.J. 147, 152 , 474 A.2d 1065, 1067 (1984). “[A]n exemption from taxation is a departure from the equitable principle that everyone should bear his just and equal share of the public tax burden.

11
Jackson v. Township of Neptunegreen
njtaxct · 1996 · cited in 1 New Jersey opinions naming this issue, 2001–2001
1 sentence

2001See City of New Brunswick v. Rutgers Community Health Plan, Inc., 7 N.J.Tax 491, 498 (Tax 1985); see also Jackson v. Neptune Tp., 15 N.J.Tax 498, 504 (Tax 1996) (citation omitted) (explaining that “exemptions from local property taxation must be strictly construed because an exemption from taxation is a departure from the equitable principle that all taxpayers should bear their just and equal share of the public burden of taxation”).

11
City of New Brunswick v. Rutgers Community Health Plan, Inc.green
njtaxct · 1985 · cited in 1 New Jersey opinions naming this issue, 2001–2001
1 sentence

2001See City of New Brunswick v. Rutgers Community Health Plan, Inc., 7 N.J.Tax 491, 498 (Tax 1985); see also Jackson v. Neptune Tp., 15 N.J.Tax 498, 504 (Tax 1996) (citation omitted) (explaining that “exemptions from local property taxation must be strictly construed because an exemption from taxation is a departure from the equitable principle that all taxpayers should bear their just and equal share of the public burden of taxation”).

11
KSS Transportation Corp. v. Baldwingreen
njtaxct · 1987 · cited in 1 New Jersey opinions naming this issue, 1996–1996
1 sentence

1996Corp. v. Director, Div. of Taxation, 9 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Princeton University Press v. Borough of Princeton green
nj · 1961
2 sentences

1997Princeton University Press v. Princeton, 35 N.J. 209, 214 , 172 A.2d 420 (1961).

1997Princeton University Press v. Princeton, 35 N.J. 209, 214 , 172 A.2d 420 (1961).

21992–1997
Deubel v. Kervick green
nj · 1960
2 sentences

2013The rule of strict construction “means that the exemption is not to be extended beyond the ascertainable legislative intention.” Millington Quarry, Inc. v. Dir., Div. of Taxation, 5 N.J.Tax 144, 148 (Tax 1983) (citing Deubel v. Kervick, 33 N.J. 568, 574 , 166 A.2d 561 (1960)).

2013The rule of strict construction “means that the exemption is not to be extended beyond the ascertainable legislative intention.” Millington Quarry, Inc. v. Dir., Div. of Taxation, 5 N.J.Tax 144, 148 (Tax 1983) (citing Deubel v. Kervick, 33 N.J. 568, 574 , 166 A.2d 561 (1960)).

12013–2013

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